News & Analysis as of September 25, 2024

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Fifth Circuit Expands the Scope of Federal Antidiscrimination Laws

Butler Snow LLP on 8/24/2023

On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent...more

Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims

Sheppard Mullin Richter & Hampton LLP on 8/22/2023

Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more

Fourth Circuit Rejects Discrimination Claims Made by Accused Harasser

Parker Poe Adams & Bernstein LLP on 8/30/2019

It’s not unusual to see an employee terminated or disciplined for workplace harassment to in turn file a charge with the Equal Employment Opportunity Commission, alleging that the employer’s reasons for the move were pretext...more

Autonation-Owned Dealerships to Pay $150,000 To Settle EEOC Gender Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 8/23/2018

Dealership Rejected Qualified Female Employee Due to Her Sex, Federal Agency Charged - MIAMI - AutoNation-owned dealership, Abraham Chevrolet-Miami, Inc., which does business in Coral Gables, Fla. under the name...more

EEOC Sues Fanatics Retail Group for Race Discrimination, Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on 7/25/2018

Sports Merchandise Retailer Permitted Racist Slurs and Refused to Promote an Employee Who Complained - JACKSONVILLE, Fla. -- Fanatics Retail Group, Inc. violated federal law by subjecting employees to racial...more

Car Wash Headquarters to Pay $225,000 to Settle EEOC Class Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 7/10/2018

Company Failed to Promote African-American Employees to Management, Federal Agency Charged - BIRMINGHAM, Ala. - Car Wash Headquarters, doing business as Mister Car Wash and Mister Hotshine has agreed to pay $225,000 in...more

Court Refuses To Release Correctional Facility Employer From Age Discrimination Suit, But Orders The EEOC To Identify Aggrieved...

Seyfarth Shaw LLP on 12/8/2017

Seyfarth Synopsis: In an ADEA action brought by the EEOC alleging that the New Mexico Department of Corrections failed to promote correctional officers over the age of 40, a federal district court in New Mexico denied the...more

EEOC Sues Birmingham Beverage For Race Discrimination

U.S. Equal Employment Opportunity Commission... on 9/28/2017

Beverage Wholesaler and Distributor Refused to Promote Black Employees to Route Sales Positions, Federal Agency Charges - BIRMINGHAM, Ala. - Birmingham Beverage Co. Inc., dba AlaBev, a Delaware corporation headquartered in...more

Employers Take Note: Seventh Circuit Widens Scope of EEOC's Right to Investigate

Baker Donelson on 9/12/2017

Earlier this month, in EEOC v. Union Pacific Railroad, No. 15-3452, F.3d (7th Cir. Aug. 15, 2017), the Seventh Circuit issued a decision regarding the scope of the EEOC's right to investigate. It determined that neither the...more

Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

Seyfarth Shaw LLP on 8/2/2017

Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more

Did You Know . . . Seventh Circuit Issues Landmark Decision Holding Title VII Prohibits Sexual Orientation Discrimination

Nossaman LLP on 5/17/2017

In a landmark decision, the Seventh Circuit recently held that discrimination on the basis of sexual orientation is a form of actionable sex discrimination under Title VII of the federal Civil Rights Act of 1964. Unlike the...more

Seventh Circuit Reverses Decision that Title VII Doesn’t Protect Against Anti-Gay Discrimination and Agrees to Re-hear Employment...

Kelley Drye & Warren LLP on 10/12/2016

The Seventh Circuit reversed and vacated the panel decision holding that Title VII does not protect employees from anti-gay discrimination and will re-hear the case, Hivey v. Tech Community College, en banc. Kimberly Hively...more

Is Sexual Orientation Now a Protected Class?

Miller & Martin PLLC on 7/20/2015

In our June 26 alert regarding the U.S. Supreme Court's same-sex marriage decision in Obergefell v. Hodges, we said we would continue to keep you posted regarding new developments in this area of the law. Some of you may...more

Sixth Circuit Remands Memphis Title VII Disparate Impact Case, Yet Again

BakerHostetler on 12/1/2014

It’s hard not to feel sorry for the residents of Memphis, Tennessee. Depending on which source you consult, its violent crime rate hovers between three and four times the national average, and various publications describe it...more

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